If my divorce is not finalised, but I want to remarry... can I file a Notice of Intention to Marry?

Question Asked: 2/10/2017

Wedding Date: 3/11/2018

Most Helpful Response

Treasured Ceremonies

(16) · Byron Bay to Ballina , North Coast NSW and Gold Coast QLD

Posted: 5/10/2017

You can file the Notice of Intention to Marry anytime you like but cannot have the actual solemnising ceremony until your divorce comes through. And there is no time limit once the divorce issues, it could be the day after if you so desired

Answered by: 12 Experts

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Steve Mummery Celebrant

(54) · Perth

Posted: 5/10/2017

Yes you can complete the Notice Of Intention To Marry prior to divorce coming through.  You will need your divorce to be finalised by your wedding day (with official documentation as proof) or you will not be able to sign your statutory declaration that stipluates that you are not married to another person.  If this is not done by the wedding day, the celebrant will not be able to marry you, so leave plenty of time to get it completed.

Marina Payne Celebrancy

(19) · Yarra Valley and all of Melbourne

Posted: 5/10/2017

Hello, If your divorce has not been finalized you can lodge your Notice of Intended Marriage and it will state "Pending" and then once the notice has been received the date can be inserted, but keep in mind regarding venues etc that unless their are special curcumstances a Divorce will take a month to be finalized from the date of issue.

Enjoy your Special Day,

Marina

Celebrations by Catherine

(9) · Melbourne and Surrounds / Mornington Peninsula

Posted: 4/10/2017

Hi, Yes you can fill out the NOIM. Once the divorce is finalised we can proceed with the finer details. You cannot marry until the divorce is absolute.

ABC Marriages - Lia Krutik

(5) · Sydney

Posted: 3/10/2017

Yes, as long as you are legally divorced by the time you would like to remarry.

John Byrne

(81) · Melbourne & Surroundings (within 100km)

Posted: 3/10/2017

yes and before you marry passports and a divorce cert must be sighted by the celebrant.

Amanda - Marriage Celebrant

(30) · Adelaide and Regional South Australia

Posted: 3/10/2017

You certainly can, your celebrant will simply state 'Divorce Pending' on the NOIM. However the divorce must be finalised by the date of the wedding.

Let me know if I can assit you further


Celebrate with Marg Marriage Celebrant

(29) · Newcastle / Hunter Valley / Port Stephens

Posted: 3/10/2017

Hi,

Great Question!!

you are able to file your Notice of Intended Marriage even if your divorce is not finalised,

so before your divorce is finalised.

You need to be able to show that your divorce is finalised before you are able to marry.

You need to have the final papers to show the Celebrant.

Angela Limberis - Marriage Civil Celebrant

(3) · Adelaide

Posted: 3/10/2017

Yes fill your notice of intent form, but you will need your divorce to be finalised but you can not sign your statutory declaration until finalized and then marry.

Celebrant Lynda Payne

(1) · Macedon Ranges

Posted: 3/10/2017

Of course you can.  You just cannot be married until the final divorce has been granted and has been deemed effective from..................

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